Save Our Springs Alliance files another lawsuit against City Council over Open Meetings Act

Claiming that City Council has again violated the Texas Open Meetings Act, the Save Our Springs Alliance on Monday filed a lawsuit seeking to block the city’s placement of 13 proposed charter amendments on the November ballot.

It is the second lawsuit this year the SOS Alliance has filed against Council alleging violation of the state statute by limiting the time a person is allowed to speak on multiple agenda items. The environmental organization won the first lawsuit and later sought clarification on a speaker’s ability to address the Council during work sessions. The court ruled that members of the public may speak during work sessions on discussion items that Council will be voting on in the future.

In Monday’s filing, the environmental organization alleges Mayor Kirk Watson and City Council violated the public’s right to speak by lumping all 13 of the proposed charter amendments into a single agenda item.

The lawsuit notes that when the proposed charter amendments appeared on Council’s July 18 agenda, SOS executive director Bill Bunch appeared before Council and requested time to speak on each of the proposed amendments. When Watson denied the request, Bunch responded: “All right. I have to see you in the court again.”

The suit also claims that City Council’s Aug. 14 agenda was noticed for the widely publicized adoption of the new city budget. But a separate item on the same agenda called for ordering a Nov. 5 general election to elect a mayor and five Council members, and authorizing a special election for voters to decide 13 proposed charter amendments.

“In doing so,” the suit states, “the Defendant also violated the (Texas Open Meetings Act) Meeting Notice requirement that agenda items must be worded more specifically when the public has a special interest in the topic under discussion. Certainly, each proposed amendment to the City’s ‘Constitution’ (the City Charter) is of special interest to the public and must be placed on the ballot as distinct and separate ballot propositions.”

The suit further alleges that many of the proposed charter amendments – most of them brought by city staff outside the Charter Review Commission process – “would have the effect of reducing transparency and accountability of the City Council and the City Manager to voters, the media, and the general public.”

In a press statement accompanying the lawsuit, Bunch said, “Seeking to hide this basic truth, the Mayor and Council majority called this last minute ’emergency’ election without the public notice and public participation required by state law. They are hoping uninformed voters overwhelmed by a lengthy ballot loaded with other state, federal, and local elections will simply vote ‘yes’ to major City Charter changes hidden behind vague and friendly-sounding ballot language.”

Attorney and former Travis County judge Bill Aleshire is representing the SOS Alliance in the lawsuit. “The Austin City Council is becoming lawless, and this lawsuit is another example of their arrogant disdain for transparency,” Aleshire said in the statement. “Mayor Watson and the Council majority are undermining democracy with violations of the Texas Open Meetings Act.”

A spokesperson for the city told the Austin Monitor: “Following a lengthy and robust charter amendment process that included multiple opportunities for public input,  we are aware of the lawsuit that SOS filed yesterday that challenges the August 14 charter amendment election ordinance.  The city stands by the process used.”

The Monitor contacted Watson’s office seeking comment, but had not heard back as of press time.

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